A federal judge in Miami has declared the 1996 federal law criminalizing noncitizen voting unconstitutional and dismissed a case against Florida resident Chelsea Cox. Before anybody launches a cable-news siren: every state still requires citizenship to vote, and states can still prosecute violations.
Cox, a Jamaican national, allegedly used fraudulent documents to obtain identification, registered in 2012 and voted through 2020. Judge David Leibowitz did not find that conduct lawful; he ruled that Congress lacked constitutional authority to define voter qualifications in this way.
The ruling rests on federalism
The Constitution assigns voter-qualification rules to states. Federal prosecutors argued Congress could act through its immigration and foreign-affairs powers, but Leibowitz concluded those powers did not override the specific election structure.
The decision applies directly only to Cox and does not bind other federal judges. Florida law remains available for state prosecution.
Other cases may test the reasoning
About 45 similar federal cases are pending, with several defendants making the same constitutional argument. Appeals could eventually push the issue toward higher courts.
Reuters reported the ruling and its limited reach late October 1, 2026.
The case is not proof that noncitizens may vote. It is a separation-of-powers ruling—less slogan-friendly, more constitutionally complicated and therefore doomed to be explained badly online.
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Receipts, Rumors & Internet NonsenseDana reads the fine print, checks the timeline, and keeps one eyebrow permanently raised. She covers viral claims, internet pile-ons, and suspiciously convenient explanations.
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